Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-12
THE DRUMMERS' TAX.
ihh EFFEcT or THH RECENT pEcI.
SION ON THE vIReIRIA CASES.
important Matters in the United States
supreme and Circuit Courts,
&C., 60, &c.

Ihe decision of the Supreme Court
oi the United States last Monday in
the hcensc-tax case from Memphis,
Tenn, is very broad in lis terms. II
declares all such taxes levied by any
town, city or State, as applied 70 agents
representing non resident firms by
sample, card, or other representation.
without fixed place Of business, to be
unconstitutional, as interfering with
lhe powerof Congress 10 regulate com
meree between the States. It is
canned, however, that the principles
2t Tins decision are not applicable to
the appeal now pendingin the Supreme
| Court OF the United States of II. A.
Carper. iailerof Pulaski countv, against
Il. l.. Fitzgerald. because the fact does
not appear in the record proper to be
considered by the Court that Fitzger-
ED was representing n nonresident
firm.
OUR CASE.
This case was decided by Judge
Bond upon demurrer TO the return OF
the iailer, the effect of which was to
admit all the facts recited in the re-
turn.
The return did not show that the
prisoner was representing q Philadel-
phia firm, or that be had rendered cou-
| pons, but did show a lawful committal
by the proper officer for sciiiRg g0ods
| ~ sample ionhOW HccnSc.
Thedecision ofthe Supreme Court does
not hold the license-tax as applied to
representatives Of resident merchants 10
be unconstitutional
Ii is therefore claimed that the ap-
| peal Of Carper cs. Fitzgerald will not
| go Off under the recent decision Of the
court, and that the important questions
OF practice and constitutional questions
raised by the State will be decided by
the court.
8iR. ROYALL's CASE.
The case of Royal us. Virginia, upon
an appeal from the recent decision of
the Iiustiugs Court of this city i'm
posing a fine of $50 upon him for prac-
ticing law without license, will pro-
baby be heard at the same time,
Attoney-General Ayers received a
telegram from the clerk Of the Supreme
Court yesterday evening after the court
adjourned saying the cases would pro-
baby not be reached before Thursday.
Judge Bond and the Indemnity
Board and Other Virginia Gases.
Atoncy-General Ayers has been no
titled thnt Judge Bond has fixed upon
the 22d day of March, at Richmond,
for hearing the application for an in
junction against the Board Of Indem-
nifty, and the motion to rescind the rule
adopted 10y Judge Hughes in coupon
cases.
The Attorney-General has also been
notified that at the same time the Court
will hear further argument in the eases
Of GatowOod rS. Virginia and Parsons
rS. Virginia.
WHY THEY ARE.
These are suits directly against the
State by uon-residents TO recover judg-
mont for about $4,000 past-duo cou-
pOns. One was instituted in the Circuit
Court of the city of Richmond and re-
moved into the Circuit Court of the
United States, and the other was
brought originally in the Circuit Court
Of the United States. The cases were
argued last October by Attorncy-Gcnc-
raj Ayers for the State and Colonel r.
J.. Maury for the plaintiffs upon pleas
TO the jurisdiction, and the Court took
time TO consider. ltisnow proposed to
roiTgue the cases, and it is understood
that Ex-Governor Chamberlain will ap-
pear with Colonel Maury for the plain
ti1s.
Each case involves an amount sufi-
ciant to entitle the State to an appeal
should the jurisdiction he sustained.
Original JurisdictiOn by Manda.
mus.
The Supreme Court of the United
States in case decided Monday held
that the circuit courts of the United
States could not eyescise any original
jurisdiction 10y mandamus.
Their position was that it made no
difference whether the proceeding was
instituted in the United States Court in
the first instance or removed there from
a State court under the United States
statutes. In either case the court was
without jurisdiction.
Acknowledgement Ayers thinks that
this decision settles conclusiyely the
mandamus case of Crouch, treasurer of
Petersburg, against Auditor MGrye and
Treasurer Harman now pending In the
Circuit Court of the United States, to
compel these officers to receive coupons
received by him for taxes.
Mr.. Royal was present IN court when
the opinion was read, and admitted
that it settled the case against him, and
that it would have to be dismissed.
Mr. fuckers $4,000 Amendment 10
the Judiciary Act.
As stated in the Dispatch yesterday
in the United States Circuit Court at
Norfolk. Judge Hughes on considering
the bill fled by the trustees of BAN
Brothers praying for an injunction
against j. NJ. BiHford, treasurer of
Portsmouth, restraining him from pro-
ceeding to collect some $500 OF taxes
for which coupons had been rendered,
declined to entertain the bill. lie did
so on the ground that the amount IN
DISPUTE did not exceed 5000, as re-
ouired by Mr.. fuckers amendment to
the judiciary act passed by Congress on
ihe last day of its recent session. This
amended law, it is hoped, puts an end
TO coupon suits in the Federal couits OF
Virginia, except IN very few cases.